A.

This ordinance shall be known as the "TOWN of Seabrook Island Development Standards Ordinance" and may also be referred to as the "DSO" or "this ordinance."

B.

The purpose of this ordinance is to:

1.

Guide DEVELOPMENT in accordance with existing and future needs;

2.

Protect, promote, and improve the public health, safety, morals, convenience, order, appearance, prosperity, and general welfare;

3.

Preserve the environmental character of the community;

4.

Facilitate the timely and adequate provision of water, sewage disposal, other UTILITY services, parks, and other public infrastructure;

5.

Regulate the density and distribution of populations and the uses of BUILDINGs, STRUCTUREs and land for trade, residence, recreation, and conservation;

6.

Secure safety from fire, FLOOD, and other dangers; and

7.

Further the public welfare in any other regard specified by TOWN COUNCIL.

C.

In accordance with the South Carolina Local Government Comprehensive Planning Enabling Act, this ordinance is based on a COMPREHENSIVE PLAN for the TOWN, which promotes safeguarding the character and unique resources of the community, while providing for a range of land uses in harmony with that character and the ability to provide public services.

A.

The TOWN COUNCIL is authorized to adopt this ordinance pursuant to the enabling authority contained in the S.C. Code of Laws, Section 6-29-710, et seq., and all other relevant laws of the State of South Carolina.

B.

Whenever any provision of this ordinance refers to or cites a section of the S.C. Code of Laws and that section is later amended or superseded, this ordinance shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.

A.

This ordinance affects and regulates the use, DEVELOPMENT, preservation, and occupancy of all land, BUILDINGs, and STRUCTUREs within the TOWN.

B.

In the interpretation and application of this ordinance, all provisions shall be considered as minimum requirements, liberally construed in favor of the TOWN COUNCIL, and deemed neither to limit nor repeal any other powers granted under state law. This ordinance is not intended to repeal, abrogate, or impair any existing EASEMENTs, covenants, or deed restrictions.

This ordinance affects and regulates the use, DEVELOPMENT, preservation, and occupancy of all land, BUILDINGs, and STRUCTUREs within the TOWN. In those instances where the ordinance imposes greater limitations or restrictions than those imposed by the provisions of other ordinances, instruments of land conveyance, private restrictions or land use covenants, or other laws or instruments purporting to affect land use, the provisions of this ordinance shall control. Whenever the provisions of any other statute or regulation require more restrictive standards than are required by this ordinance, the provisions of such statute or regulation shall govern.

No land, BUILDING, STRUCTURE, or other premises shall be used, developed, or occupied and no BUILDING or STRUCTURE shall be constructed, reconstructed, moved, removed, extended, enlarged, or altered except in compliance with the provisions of this ordinance.

A.

Findings.

1.

The General Assembly of the State of South Carolina, by Act 287 of 2004, amended the South Carolina Local Government Comprehensive Planning Enabling Act (Title 6, Chapter 29 of the S.C. Code of Laws) to add Article 11 cited as the "Vested Rights Act."

2.

TOWN COUNCIL has determined that it is in the best interest of the TOWN to avoid the default provisions and to maintain and allow for local government control and flexibility of local planning and zoning functions to the extent allowed by law.

B.

Establishment and Conditions of Vested Rights.

1.

Vested Rights Established. A vested right to develop property in accord with a site-specific development plan is triggered upon the final approval of the site-specific development plan by the reviewing authority authorized to approve the site-specific development plan, and the payment to the TOWN of all applicable established fees. While the TOWN may approve grading, installation of utilities, streets, or other infrastructure under separate permits in anticipating site-specific development plan approval, any such construction or any expenditure in preparing documents for further permits is done at risk, since rights are not vested in the site-specific development plan until it is approved and fees paid.

2.

Subject to the South Carolina Code of Laws and Legislative Joint Resolutions. Except as hereinafter set forth, a vested right established by this ordinance is subject to the conditions and limitations set out in Sections 6-29-1540 and 6-29-1550 of the Code of Laws of South Carolina, as enacted by Act 287 of 2004, and subsequent joint resolutions so long as they are in effect.

3.

Expiration and Extension.

a.

A vested right for an approved site-specific development plan expires two (2) years after the date of final approval by the review authority authorized to approve a site-specific development plan. A vested site-specific development plan may be amended if the amendment conforms to, or does not cause greater nonconformity with, the then current provisions of this ordinance, municipal code sections, or other applicable regulations. Approval or conditional approval of an amendment does not re-set or re-start the expiration period of a vested right.

b.

No sooner than three (3) months, and no later than 45 days prior to the expiration of the two-year vested right period for an approved site-specific development plan, the landowner of property with a vested right may apply to the ZONING ADMINISTRATOR for an annual extension of the vested right. The ZONING ADMINISTRATOR must approve the vested right extension, unless an amendment to the land development ordinance or regulations has been adopted that prohibits approval. No more than five (5) annual extensions of the vested right may be approved.

4.

Phased DEVELOPMENT Plans. No vested rights are established for phased development plans, including approved or conditionally approved phased development plans and those plans applicable to lands proposed for annexation, unless approved under a DEVELOPMENT agreement or such development conditions as may be adopted pursuant to Section 7.4(c)(4). An approved or conditionally approved site-specific development plan, meeting the requirements of Article 14, is required prior to approval with respect to each phase of a phased development plan.

A.

The words, terms, and phrases used in this ordinance shall have the meaning assigned to them in Appendix A - Definitions, except where the context clearly indicates a different meaning.

B.

The following rules shall apply for construing or interpreting the terms and provisions of this ordinance:

1.

Meanings and Intent. All provisions, terms, phrases, and expressions contained in this ordinance shall be construed according to the purpose statements set forth throughout this ordinance. When a specific section of this ordinance gives a different meaning than the general definition provided in Appendix A, the specific section's meaning and application of the term shall control.

2.

Headings, Illustrations, and Text. In the event of a conflict or inconsistency between the text of this ordinance and any heading, caption, figure, illustration, table, or map, the text shall control.

3.

Lists and Examples. Unless otherwise specifically indicated, lists of items, or examples that use terms such as "for example," "including," and "such as," or similar language are intended to provide examples and are not exhaustive lists of all possibilities.

4.

Computation of Time. The time in which an act is to be done shall be computed by excluding the first day and including the last day. If a deadline or required date of action falls on a Saturday, Sunday, or holiday observed by the TOWN, the deadline or required date of action shall be the next day that is not a Saturday, Sunday, or holiday observed by the TOWN. References to days are calendar days unless otherwise stated.

5.

References to Other Regulations/Publications. Whenever reference is made to a resolution, ordinance, statute, regulation, or document, it shall be construed as a reference to the most recent edition of such regulation, resolution, ordinance, statute, regulation, or document, unless otherwise specifically stated.

6.

Delegation of Authority. Any act authorized by this ordinance to be carried out by the TOWN ADMINISTRATOR, ZONING ADMINISTRATOR, or other TOWN employee may be carried out by a designee of that employee.

7.

Technical and Non-Technical Terms. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

8.

Public Officials and Agencies. All public officials, bodies, and agencies to which references are made are those of the TOWN, unless otherwise indicated.

9.

Mandatory and Discretionary Terms. The words "shall," "must," and "will" are mandatory in nature, establishing an obligation or duty to comply with the particular provision. The words "may" and "should" are permissive in nature.

10.

Conjunctions. Unless the context clearly suggests to the contrary, conjunctions shall be interpreted as follows:

a.

"And" indicates that all connected items, conditions, provisions, or events apply; and

b.

"Or" indicates that one (1) or more of the connected items, conditions, provisions, or events apply.

11.

Tenses, Plurals, and Gender. Words used in the present tense include the future tense. Words used in the singular number include the plural number and the plural number includes the singular number, unless the context of the particular usage clearly indicates otherwise. Words used in the masculine gender include the feminine gender, and vice versa.

12.

Measuring Distance. Unless specified otherwise, in those provisions that require separation between uses or properties, measurement of distance shall be from nearest property line to nearest property line.

A.

The repeal of any language within this ordinance, or any expiration by virtue of any provision contained within the ordinance, shall not affect any right accrued, any offense committed, any penalty or punishment incurred, or any proceeding commenced before the repeal took effect or the regulation expired.

B.

When any language which repealed another provision shall itself be repealed, the previous language shall not be revived without being approved as a text amendment to this ordinance, as detailed in Article 19.

If any section, subsection, clause, or provision of these regulations shall be held to be invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other section, subsection, clause, provision. or portion of these regulations which is not invalid or unconstitutional.

A public hearing having been held as required by the S.C. Code of Laws, Section 6-29-710, et seq., as amended, and all other relevant laws of the State of South Carolina, the provisions of this ordinance are hereby adopted, and shall take effect on July 1, 2022. Whenever used in this ordinance, the term "effective date of this Ordinance" shall mean July 1, 2022.